(a) Upon the termination of a rent-to-own agreement by a
consumer, all obligations that are still executory by both parties
are discharged, but any right based on a failure of the dealer to
maintain the consumer goods in accordance with the provisions of
section six of this article, or any other right based on prior
default or performance of the dealer survives, and the consumer
retains any remedy or defense for such default. Rights and
remedies available to the consumer for material misrepresentation
or fraud by a dealer are not affected by a termination of the
rental agreement by a consumer. Termination of the rental
agreement by a consumer shall not bar or be deemed inconsistent
with a claim for damages or other right or remedy.

(b) A consumer may terminate a rent-to-own agreement at any
time.

(c) When a consumer terminates a rent-to-own transaction, the
dealer may not require any further action or payment by the
consumer except:

(1) Payment of any unpaid periodic payments and charges
accrued before the consumer notified the dealer of the termination
of the transaction and made the consumer goods available to be
received by the dealer; and

(2) Payment of any pickup charge provided for in the rental
agreement.

(d) A dealer may terminate a rent-to-own agreement when the
consumer fails to make a periodic payment as it becomes due:
Provided, That seven days prior to terminating the rent-to-own agreement, the dealer shall provide a written notice to the
consumer informing him or her:

(1) Of the amount of any periodic payment or payments that the
consumer has failed to make;

(2) That the consumer may voluntarily surrender possession of
the goods to the dealer at the location where the goods are
located;

(3) Of any late payment which has been or may be assessed;

(4) Of the right to reinstate which shall include:

(A) The consumer's right to reinstate the agreement by payment
of amounts due when the goods are in the possession of the
consumer;

(B) The amount of time when the consumer has to reinstate the
agreement;

(C) That reinstatement will result in continuation of the
original agreement, including the provisions relating to ownership
of the goods; and

(D) The amount of fees to be paid for reinstatement.

(e) The dealer may request that the goods be surrendered at
any time after a consumer has failed to timely make a periodic
payment required under the agreement.

(f) A rent-to-own agreement terminates when the consumer
surrenders the goods. The dealer shall provide the consumer with
a notice of reinstatement rights as stated in subdivision (4),
subsection (d) of this section.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.